Lawyer for man accused of killing coworker argues he was acting in self-defense

The attorney defendingLeonard Ware against a murder charge argued Tuesday his client was acting in self-defense when he shot and killed a coworker because he believed the man was armed.

Leonard Ware

That argument, presented in opening statements Tuesday, clashes with the prosecution’s contention that Ware shot and killed Bhagavan Allen and that he had planned to kill his 29-year-old coworker after a confrontation at work.

Ware, 35, is accused of shooting Allen on Oct. 3 as the two men went to settle an argument that started at Marsh Plating Co. on Grove Street in Ypsilanti. He faces charges of open murder, carrying a concealed weapon, being a felon in possession of a firearm and possession of a firearm during the commission of a felony.

But Ware’s attorney said he had reason to believe Allen was armed and was going to harm him.

In his opening statement, Jeffrey Taylor said Ware knew Allen from their time in high school and knew him to have a violent and aggressive reputation. In the years since high school, Allen never changed, Taylor said. Ware reported hearing Allen talk about “what he did and what he would do” to people in the plant.

Taylor also alleged Allen had pointed a gun at another plant employee just a week before the argument with Ware.

Bhagavan Allen

Ware was Allen’s superior at Marsh Plating and the two men argued during their shift about “production issues,” Taylor said.

“Although my client was trying to do his job on that day, Mr. Allen did not take kindly to being told how to do his job,” Taylor said.

In the ensuing argument, Allen struck Ware in the face so hard the blow knocked off his protective eyewear and caused his earplugs to fall out. Later in the day, Ware offered Allen a fist bump as a peace offering, and Allen declined to accept. The two men decided to settle their differences after their shifts were over.

“The evidence is going to show you he told my client ‘You better bring that thing,’” Taylor said.

Taylor contended that, after those words and with his prior knowledge of Allen’s reputation, Ware had reason to believe Allen was going to be armed with a gun when they met to fight after work.

“I would not invite anyone to bring a firearm to a fight … if I didn’t want them to believe I had one,” Taylor said.

He added that in Michigan, deadly force is allowed in self-defense, “even if they (the defendant) are mistaken about the amount of danger they are in.”

Prosecutors contend that Ware shot Allen after the two men argued at work and decided to settle their differences with a fight outside — a fight to which Allen came unarmed.

The only items Allen was carrying before he was shot were a half-smoked cigarette and a bottle of water, Washtenaw County Assistant Prosecutor Paul Barnett said.

Barnett said Ware had gone back to his vehicle to get his .45-caliber pistol before the fight and the two men started “jawing” at each other as they walked down Grove toward South Street, Barnett said.

“The defendant comes to the fight with a handgun and Bhagavan Allen comes with a bottle of water,” Barnett said.

Barnett showed photos of Allen’s body taken during his autopsy, including the 10 gunshot wounds to the Superior Township-man’s body. Photos of blood pooled against the curb on Grove Street and the shell casings found on scene were also presented to the jury.

Two witnesses who testified at the preliminary examination in November, Todd Von Schulze and Michael Malone, were identified as the prosecution’s key witnesses by Barnett. Those two men are the two people who saw the shooting take place — Von Schulze from his home at Grove and South streets and Malone from his vehicle at a stop sign at Michigan Avenue and Grove Street.

Barnett told the jury the evidence all fits together to show that Ware — angered by the confrontation with Allen — went to his car, got his handgun and shot Allen, first as he raised his hands in the air and shouted “No! No1 No!” and then again as Allen was on the ground.